Hearings Official Decision - Laserfiche WebLink

As discussed below in findings of compliance with EC 9.6505(4), Public Works Referral comments (page 12) recommend the proposed sidewalk along Capital Drive be widened to 5- feet in width in order provide safe and adequate connection to the established neighborhood along Capital Drive. The hearing official agrees that the 5-foot sidewalk is necessary in order to ensure safe and adequate access both within and adjacent to the proposed PUD. Nearby facilities include Hendricks Park, the Ribbon Trail and neighboring developed residential areas. There are no other facilities within a 1/4 mile accessible to pedestrians. The wider sidewalk along Capital Drive will facilitate pedestrian access both to the park and to the adjoining residentially-developed neighborhood. Laurelwood Golf Course is within 3/4 mile of the site and accessible by bicycle. The nearest commercial area is 19th Avenue and Agate Street with retail and restaurant uses, located within 1 1/4 miles from the site and accessible by bicycle. The nearest LTD bus line (route 27) is also located within 1 1/4 miles on 24th Avenue between Agate Street and Nixon Street. The Response Committee and numerous residents of the adjacent established residential neighborhood presented testimony and evidence to demonstrate that the existing transportation system, upon which the proposed development must rely, is currently unsafe and therefore incapable of serving the proposed PUD development. To support their argument that the existing street system cannot serve additional development, several cite the requirement that in evaluating pedestrian, bicycle and transit circulation, the applicant must also evaluate "nearby' adjacent uses. They urge that because of the condition of the existing street system, the proposed development does not and cannot provide `safe and adequate' transportation system. One resident argued that the fact that, in his opinion, the existing street system is currently `inadequate' and that the applicant's proposed development will not cause the inadequacies in the existing street system is "immaterial." To the contrary, as stated above, under EC 9.8320(5) the safety and adequacy of the existing street system is relevant to this criterion only insofar as the proposed development impacts that system. This criterion requires an evaluation of how the proposed transportation system will impact nearby uses and it is within this context that the safety and adequacy of the onsite transportation system is evaluated. As discussed above, the onsite transportation system will include improvements to Capital Drive and the addition of a private loop street that will facilitate traffic movement both within the proposed PUD and existing street system. The proposed developments impact of the on-site transportation system on the existing uses are further addressed below in the findings of compliance with EC 9.8320(7). Those findings are incorporated here to demonstrate that the proposed development can provide safe and adequate pedestrian, bicycle and transit circulation, in compliance with EC 9.8320(5)(b). The findings below regarding compliance with EC 9.8320(5)(c) are also incorporated to establish that the traffic that will be generated by the proposed development is insufficient to warrant a Traffic Impact Analysis (TIA).Those findings provide additional support for the conclusion that, as proposed, the PUD will `safe and adequate transportation systems" as it relates to the pedestrian, bicyclist and transit circulation with the proposed development and to adjacent and nearby residential areas. Hearings Official Decision (PDT 17-1) 47